My husband was arrested for possession of less than 30 grams of marijuana when he was 17. He didn't serve any time or pay a fine they just let him go as a misdemeanor. I want to prepare the waiver for the interview but I also want to prove to them he doesn't need a waiver based on the fact that he was a juvenile. The incident happened in the states btw.

Do you think we will need a waiver?

Any advice is welcome

thanks

Did it show up on his police record?

If it has been five years since that date, he *should* be fine. I would definitely have a half hour phone consult with a qualified, experienced attorney to be 100% sure like Laurel Scott (www.visacentral.net) http://www.visacentral.net/contact.html or Heather Poole http://www.humanrightsattorney.com/sub/ind...9ovwim6wK4fjM4q


http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas


2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii)[b] Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States

There are two important points on what Kitkat posted. The exception that is bolded applies to Clause (i)(I). So, the under 18 exception doesn't apply to Clause (i)(II). But recommend you pass it by an attorney experienced in immigration and waivers and criminal matters to see if there is any other avenue possible.

HOWEVER, where was your husband's conviction issued? What state? If it is within the 9th circuit and the conviction is expunged under a state rehabilitative statute, then the conviction does not apply for immigration purposes (Lujan-Amendarez v. INS - 2000). I know this because I just spent the last 5 and a half years fighting this and 3 days ago found out we won. My husband is not inadmissible and our family has been separated all this time for nothing as I have been telling them since day one.

Another option, when was the conviction? If it is over 15 years old, he can apply for a waiver under 212(h)(1) which is available to anyone that is not a threat to society, and without having to prove extreme hardship to a qualifying relative.

Well I requested the court document from the state where it happened (GA). He's never been arrested in Jamaica so his police report should be clean (we're waiting to receive it this week).

It happened in 2000.

thanks for your replies, I really don't want to prepare a hardship letter.

Can you use the FAM A and B as you would the INA?